| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 182/07 |
| Hearing date | 24 May 2007 |
| Determination date | 19 June 2007 |
| Member | V Campbell |
| Representation | R Bignall ; L Yang (in person) |
| Location | Tauranga |
| Parties | Allen v Yang |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Employment status - Applicant employed by business when sold to respondent - Respondent mistakenly thought because no written document applicant casual employee and could require her to leave at any time - No evidence to suggest applicant free to accept or reject work - Hours unchanged after change of ownership - Permanent employee - Applicant dismissed for destroying till tape - Respondent suspicious applicant had not taken money from friends for products - Went to check till roll but discovered it was missing - Later found unreadable roll in rubbish - Other employee claimed applicant threw it out - Applicant initially denied knowledge of missing role, later claimed it jammed so disposed of it - Summarily dismissed - Respondent accepted minimum procedural steps not followed - More likely than not respondent considered applicant had given away product and this formed part of decision to dismiss - Allegation never put to applicant for explanation - Dismissal unjustified - Applicant aware of importance of till roll as business document and initially denied knowledge of it - Contributory conduct 25 percent - Parties agreed holiday pay outstanding - COSTS - Applicant entitled to costs |
| Result | Application granted ; Reimbursement of lost wages ($1,576 reduced to $1,182)(4 weeks) ; Compensation for humiliation etc ($1,500 reduced to $1,125) ; Holiday pay ($36.87) ; Costs in favour of applicant ($750) |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 182_07.pdf [pdf 36 KB] |